Judge of the Song Dynasty Chapter 760: No one in the world knows the law
Chapter 760 Who in the world doesn’t know the law
If we talk about the last case about the Imperial City Division, it was confirmed that the Public Procuratorate and Procuratorate were the only judicial system in the Song Dynasty. In other words, all cases must go through the trial process of the Public Procuratorate and Procuratorate, although it also left a lot of interference for the emperor. window, but generally speaking, it is to lay a solid foundation for this system.
Then this time the dispute is to confirm that all laws will apply to the public security organs.
If orders, regulations, and precedents are not integrated and a unified standard is not provided, it will be difficult for the public security organs, prosecutors, and law to implement them.
Both of these things are very critical.
Fu Bi also knew the truth very well, and he also valued this revision of the law very much. After all, it was obtained in exchange for the power of pardon for an extremely rogue person.
Whatever you pay, you should get.
He planned to do a major overhaul and integrate all the previous orders, so he selected dozens of helpers from Luoyang and the capital.
Although he is separated from the conservatives, this does not affect his prestige in Shilin and his relationship with his friends.
Legislative Council.
Zhang Fei looked at the room full of old men, all of whom were gray-haired, and whispered to Fu Bi: "Fu Gong, I feel that I am redundant here. Things like cultivating the law should be left to These elders have rich experience and know what situations will happen, but I have no idea at all. In terms of specific practice, there is actually very little I can do. I am not being humble, I swear."
He can only point out the direction, but he can't actually do it on how to practice. It's really not his modesty, because if you want to practice, you must first clearly understand what happened, and this kind of thing is suitable for an old man to do. , young people really can’t do it.
Fu Bi stroked his beard and smiled and said: "In terms of experience, you may not be as good as us, but in terms of judicial attainments, I am afraid that no one in the world can compete with you."
Zhang Fei smiled and said: "The rich man deserves the reward."
"This is a fact." Fu Bi said: "Although they have rich experience, it is difficult for them to follow the concept of legality and practice the law all the time. There will definitely be some deviations, and you will need to correct them. ”
Zhang Fei nodded and said: "If necessary, Mr. Fu only needs to give you an instruction."
Fu Bi said: "I invited you here today because I have a question I want to ask you."
Zhang Fei asked curiously: "What's the problem?"
"It's about the death penalty for scholar-bureaucrats." Fu Bi said.
"This!"
Zhang Fei hesitated a little and said: "I think this is not true under the public prosecutor's office, because it is already a judicial issue."
Whether or not to kill the scholar-officials is not a judicial issue, but a political issue. It would prevent the emperor from persecuting the scholar-officials in order to centralize power. But now that the public prosecutor and the procuratorate are the only judicial system, this becomes a judicial issue, not the emperor's. It is the judiciary that wants to kill you.
Fu Bi said: "But in the eyes of many people, this has not changed, especially when officials have the power to pardon, they become more sensitive to this issue."
Zhang Fei thought for a long time, "This is really difficult, because there is no standard for scholar-officials. If someone above third rank is considered a scholar-official, that would be easier, but there is no such judgment."
Fu Bi smiled and said: "If it were easy, there would be no need to ask you to come here in person."
"How dare! How dare!"
Zhang Fei thought for a while and said: "Or from the perspective of the impact of the case, if we talk about embezzlement of military pay, embezzlement of disaster relief funds, and rebellion, these extremely bad cases involve the lives of many people and soldiers, they are designated as The death penalty will not be imposed if it is just for embezzlement of the minister's money, but the confiscation of family property and distribution will still be imposed."
Fu Bi said with a smile: "They are not very concerned about the crime of corruption. If they really commit this crime, they will be sentenced to death, and there is nothing to say. What they are very nervous about is the crime of making coats and writing jackets."
The core content of not killing scholar-officials actually means not killing scholar-officials for their words. If the scholar-officials really rebelled, wouldn't they also kill them?
Impossible!
Su Shi’s Wutai Poetry Case, in fact, Su Shi himself admitted that he was criticizing the New Deal and the imperial court. This was not an unjust case, so there was nothing wrong with being sentenced to death based on this crime. At that time, Su Shi himself thought that he was destined to die. .
But in the end, he was not sentenced to death, and he even stayed in the court as an official, and later returned to the central government. Many literati fought hard to resist, and this precedent cannot be set. Otherwise, the entire class of scholar-bureaucrats will collapse. .
Your emperor cannot stop us from criticizing you!
Then we scholar-bureaucrats will no longer be domestic slaves.
In the past, they could fight with the emperor, but now that politics and law are separated, they can't fight. Then this crime becomes very terrible. The public prosecutors and law can use this trick against them scholar-bureaucrats.
Zhang Fei suddenly realized it. He thought for a long time and said: "As for this crime, if there are only words, it is actually difficult for the judiciary to judge. The public prosecutor and the law absolutely follow the evidence. I think this can be used as an excuse to treat this crime as two crimes." If the crime of making a jacket, writing, and speaking is limited to writing or speech, then it falls under administrative law, and the court can ban it or remove you from office.
Unless there is a substantive action, that is, when he uses his words to confuse people's hearts and causes the people to rally against the court, and there is a substantive action, then this is a judicial crime. ”
Fu Bi nodded and said: "This is feasible!"
After coming out of the Legislative Council, Zhang Fei wanted to go back to the Procuratorate, but on the way, he met Wang Anshi and Xue Xiang.
Zhang Fei quickly stepped forward and saluted.
Wang Anshi asked: "You have just come out of the Legislative Council."
Zhang Fei nodded and said: "Yes."
Wang Anshi asked again: "How is this practice going?"
Zhang Fei said: "I'm just here to help. I'm not experienced enough to do the specific practice."
Xue Xiang hurriedly said: "Prosecutor Zhang is so humble."
Zhang Fei smiled helplessly and said: "This is really not modesty. This is the fact. If you practice the law, you have to consider many issues, but I have no experience and I don't think enough about it."
Wang Anshi said: "Then who is practicing the law now?"
Zhang Fei said: "Well, they are a group of old masters invited by the rich man."
Wang Anshi frowned and said, "What do those old masters know?"
Zhang Fei said: "This matter can really only be fixed by them, we are not competent."
Wang Anshi said nervously: "They have mastered the method, who dares to use it?"
Xue Xiang was also very nervous.
The two of them are the least popular with me.
Zhang Fei smiled and said: "Master Wang, don't worry about this. They are only responsible for amending the law, but it still needs to pass the Legislative Council to become a law. They are only responsible for amending it. Whether it can pass or not depends on many people to decide."
After hearing this, Xue Xiang breathed a sigh of relief, "That's it."
Zhang Fei asked again: "Xueshi Wang, Third Secretary, where are you going?"
"Go to the outer city." Wang Anshi replied.
Zhang Fei said: "Why are you going to the outer city?"
Wang Anshi smiled and said: "If you have nothing to do, let's go and have a look together, and I'll also ask for your opinion."
"I have nothing to do now."
The three of them walked to the outer city together.
Zhang Fei followed the two of them to the outer city wall. Wang Anshi pointed to the area west of Hexi, "Zhang San, do you think there is any difference between this place and before?"
Zhang Fei said: "It's even more crowded."
Wang Anshi asked again: "Do you know why?"
Zhang Fei shook his head.
Xue Xiangdao: "This is because many workshops expanded during the disaster, but it is not entirely because of the disaster."
Zhang Fei asked: "Why is that?"
Xue Xiang explained: "Because of the soldiers."
Zhang Fei said in surprise: "Xiang soldiers?"
Xue Xiangdao: "Prosecutor Zhang didn't know something. In the past, many Xiang soldiers did some handicrafts in the military camp, especially silk cloth. In addition, there were many miscellaneous taxes in the past, which led to the lack of private handicraft workshops. Now Xiang soldiers have become a construction The legion no longer did manual work, so this part of the business was taken over by merchants. At the same time, the imperial court canceled many miscellaneous taxes, so the goods needed by the imperial court had to be purchased from merchants, so merchants expanded their own workshops one after another."
Zhang Fei really didn't expect this.
Wang Anshi said: "You have some credit for this. They are all movable type workshops that imitated you."
"Scholar Wang received the award." Zhang Fei smiled modestly and asked: "So you two came to see this workshop?"
Xue Xiang nodded and said: "But this outer city obviously cannot accommodate it, so we plan to expand it so that merchants can expand their workshops to meet the needs of the people and the court. After all, the more merchants produce, the more they can produce. , the cheaper the price."
Wang Anshi said: "But if we want to expand, it will involve a lot of private houses and private fields, and it will inevitably be criticized by those old masters again. This requires your help. I don't want to get into trouble with your public prosecutors at this time. ."
Zhang Fei smiled and nodded: "I'm very happy."
In the past, Wang Anshi went to Zhang Fei after being accused, because at that time no one took the public prosecutor and the law seriously. Now Wang Anshi does not dare to mess with the public prosecutor and the law. He discusses with Zhang Fei in advance how to operate so as not to be accused. Go to the public prosecutor's office.
Over there, Han Jiang finally arrived in Xizhou after a hundred days of long journey.
In fact, when he was approaching Xizhou, he had already received the news that Wang Shao had won a great victory in Hezhou and severely damaged the main force of Xisiluo.
After entering Xizhou City, Han Jiang was immediately frightened by the prosperity in front of him. The entire Xizhou was like a big market, and there seemed to be more foot shops than residential areas.
Although Bianjing City is also very prosperous, Han Jiang still feels a little different. It lacks a sense of class, as if everyone is a businessman.
Before he could take a closer look at the scenery here, he was taken away by the prosecutor general Fan Zhen and the court president Lu Dajun who came over.
"This defeat was due to Wang Shao's pride, complacency, arrogance, and underestimation of the enemy. After the fallen general Jing Sili conquered Hezhou, in order to seek a reward, he acquiesced in allowing the soldiers to kill and surrender to claim credit, which led to a fight. Luo and the surrounding tribes were very dissatisfied, so there was a battle, but Jing Sili actually led his troops to attack rashly just because of the other party's provocation, and almost wiped out his entire army."
Fan Zhen was very excited and angrily criticized Wang Shao, Jing Sili and other generals.
Lu Dajun also said: "The purpose of opening the Xihe River is to deal with Xixia, rather than to let our army get entangled in the entanglements of the Tubo tribes. Although the difficulties in Hezhou have been relieved, the relationship with Xixia is also unclear. If it worsens further, it will force our country to station heavy troops here, which will definitely increase financial difficulties."
Han Jiang actually received this news on the way here. Although Jing Sili died heroically, he made many mistakes in the process. He saw that the Tibetan soldiers seemed vulnerable and faced the opponent's words. Provoked, without thinking, he led his troops to attack, but fell into a trap. If the Liao army provoked him, he would not dare to be so reckless, saying: "Now the enemy is facing us, and the Xihe area is alone. We should still Solidarity."
Fan Zhendao: "If this were not the case, I would have sued them long ago, but this matter must not be settled like this. We have worked hard in Xizhou to ease relations with the surrounding tribes through trade. It is better for them. They are everywhere. Make enemies. After this battle, I will definitely prosecute Wang Shao and Jing Sili in the military court. Although Jing Sili died heroically in battle, his fault cannot be ignored."
Han Jiang nodded and reassured: "Now that politics and law have been separated, and the imperial court has set up a special military court, of course you can prosecute this issue. I have no control over this matter now. But at this moment, We must unite and focus on the overall situation. If the battle is lost, everyone will be responsible."
Fan Zhendao: "The reason why we told the Privy Councilor this is that we hope that the Privy Councilor can put some pressure on Wang Shao. Don't be proud and complacent and arrogant just because of his military exploits. He has done everything here. We But I remember them all."
Han Jiang nodded and said, "Don't worry, I will talk to him."
But since Wang Shao had not returned to Xizhou yet, after talking with Fan Zhen and Lu Dajun, Han Jiang ran to find Cao Ping.
Cao Ping asked: "The privy envoy is on his way here, can we see the prosperity of Xizhou?"
Han Jiang nodded and said, "I'm confused because of what I saw."
Cao Ping then said: "What Prosecutor Fan and the others said is indeed true, but it was all done by Jing Sili and other generals, not what Wang Shao wanted. He always hoped to appease the surrounding tribes, and also He has always been committed to trade with various tribes. Otherwise, he would not be as prosperous as he is today. But he is just a civilian leader, so he has many difficulties."
"That's it."
Han Jiang nodded and asked, "How does Superintendent Cao view this matter?"
Cao commented: "I think the cause of this matter still has to start with the public prosecutor and the law."
Han Jiang hurriedly asked: "How do you say this?"
Cao commented: "Today Tubo is torn apart, surrounded by small tribes. They all rely on trade to survive, and the public security law is extremely beneficial to merchants. In the past, we asked the Qiang and Tubo people to learn Chinese characters, which was almost impossible. It's possible, but now they are rushing to go to temples to study. The reason is contract law. Only by learning Chinese characters can they understand the contract and better protect their own interests.
At the same time, the royal police provided them with road safety, which the small tribes lacked the most, so they became more and more dependent on Xizhou.
This is very unfavorable for Zunsiluo. It happened to be that Jing Sili was killed and surrendered, so Zunsiluo took advantage of this incident to stir up hatred with various tribes and our army. ”
Han Jiang pondered for a while, then glanced at Cao Ping and said, "So, Superintendent Cao also hopes that a truce can be stopped?"
Cao Ping said tactfully: "It depends on how much logistics the court can provide?"
Han Jiang frowned slightly.
Cao Ping added: "In the past, the grain and grass in the northwest were sent to the main force of the Western Army. In recent years, the northwest's finances have increased steadily, but all of them are sent to Xihe. They are quite complaining about this!"
After all, he belongs to a family of generals. He is very aware of these interest entanglements. Do you think they will feel happy if the Western Army cannot get financial support from the northwest?
If this continues, something will definitely go wrong.
Therefore, we must now find ways to reduce financial support for Xihe.
Han Jiang nodded and said: "The officials are already aware of this matter and have sent a letter to them."
Although Wang Shao was still on his way back, Han Jiang was not idle either. He also inspected Xihe's financial situation. After asking, he found out that if he wanted to know Xizhou, he had to go to Yunzhen Temple.
So Han Jiang came to Yunzhen Temple. Everyone was frightened. Yunzhen Temple is located in a canyon, surrounded by mountains and rivers. Its scale is no less than that of Xiangguo Temple, and most of it is used for It is made of bricks and tiles, not wood. It looks like it is being built on a castle scale, and it is easy to defend but difficult to attack.
In comparison, the official office is like a hut, completely incomparable.
When I walked in, I saw that there were even more wealthy businessmen gathered inside, but the temple atmosphere was also very strong. People were eating vegetarian food, practicing Buddhist rituals, and monks could be seen everywhere teaching Chinese characters and Chinese. Among the key students were children and wealthy businessmen.
Good guy!
What is this place?
At this time, Ma Tianhao and Lu Bin rushed over and invited Han Jiang into the inner hall.
Han Jiang said: "The temple you built is really impressive!"
Ma Tianhao said: "Don't blame the Privy Council. This is what Wang Xuanfushi requested, because this Yunzhen Temple controls all the wealth in the Xihe area."
"Really?"
Han Jiang said in surprise.
Ma Tianhao nodded.
Han Jiang asked: "How much money can you make here a year?"
Ma Tianhao and Lu Bin looked at each other.
"Uh."
"Why don't you speak?"
Han Jiang asked with a frown.
Ma Tianhao said hurriedly: "I can earn at least one million yuan."
"How much more?"
Han Jiang looked at Ma Tianhao in horror with a long mouth.
"Earn at least one million yuan." Ma Tianhao said.
Lu Bin said: "If it weren't for the sudden war on the front line, we originally expected to earn four million yuan this year."
Han Jiang sweated slightly and said, "I went to Hezhong Mansion to read the accounts of the Xihe area. How could you earn so much?"
Ma Tianhao said hey: "It starts with banknotes. Currently, our Xihe area does not collect taxes, but if you want to exchange banknotes, you have to pay a 5% banknote tax. We didn't expect it. We earn so much, but as this businessman comes and goes, we earn more and more, plus profits from tea, salt, silk cloth, etc., we can almost earn this much."
Han Jiang frowned and said, "Do the Qiang and Tubo people believe in our banknotes?"
Ma Tianhao nodded and said: "At first they didn't believe it, but then they gradually began to believe in the public security and judicial laws, and then slowly accepted our banknotes.
In fact, it is very inconvenient to trade here, and there is a serious shortage of copper coins. If they trade with banknotes, even if they pay a 5% banknote tax, it will not be a loss.
At the same time, we have a large amount of tea, salt, and silk cloth. The Han people can directly exchange for salt or salt banknotes, and the Tubo and Xixia people can exchange for tea and silk cloth. ”
Han Jiang suddenly felt that building it like a castle was not too much, and said: "Since you make so much money, why does the Northwest have to pay huge military salaries for this?"
Ma Tianhao and Lu Bin looked at each other and shook their heads to express their ignorance.
Han Jiang knew that they knew very well, because all the money had gone to them, but she just didn't want to say it. After all, it had nothing to do with them.
Fortunately, Wang Shao returned to Xizhou within a few days.
When he met Han Jiang, Wang Shao was really panicked because he also learned that many places in the country were suffering from drought.
"It's really not my fault."
Wang Shao explained: "How could I have guessed that General Jing would attack rashly because of a few sarcastic remarks?"
Han Jiang waved her hand and interrupted him, "The official family did not blame you for this. Not only that, they also promoted you to the rank of Deputy Privy Envoy."
"Really?"
Wang Shao couldn't help but turn his worries into joy.
Han Jiang nodded and said: "But don't be too proud of this. When I passed by Hezhong Mansion, I checked the specific accounts. If you add in the money given by the court, it will cost 3 million yuan in Xihe every year. There are so many that it is impossible to continue like this. Hezhong Prefecture is okay, but many officials in Jingzhao Prefecture believe that if Bianxi River had not been opened, the people's power in the northwest would have been far better than before. The key point is that the generals of the Western Army are very dissatisfied with this. In this case, if something goes wrong again, how will we deal with it then?"
Although you have made many military exploits, you need to spend so much money every year, which not only increases the financial burden, but also affects the interests of many people. If you make a mistake, others will definitely trample you to death!
Wang Shao also knew this in his heart and said: "I have tried my best to reduce the burden on the court. Now I have found ways to earn this money, but compared with the military salary for transporting grain and grass, it is still not enough, because just transporting The loss is several times the food and grass needed by Xihe.
The best way is to get food locally.
Now I can buy food at a high price, which immediately inspired local households to open up fields. Starting this year and in the next two years, Xihe’s military expenditures will be reduced by more than half. ”
If he buys one stone of grain from the local area, he can save ten stones of grain for the court.
It's such an exaggeration.
But it takes time to cultivate fields.
Han Jiangdao: "I have been to Yunzhen Temple. It is said that the annual income is as high as one million yuan."
Wang Shao nodded and said: "I have thought about collecting taxes before, but the local situation is very complicated. Han people, Qiang people, Tubo people, and Dangxiang people all live together. It is difficult to collect this tax. It is difficult to collect it." , will also cause civil strife. Later, Ma Yuanwai and I came up with a way to collect banknote tax, and then use tax exemption to exchange for the support of the local people. It turned out that the banknote tax was more profitable than collecting taxes.
In the future, when all the tribes around here settle down, the money tax will only increase. Maybe in the future, not only will the court not need money, but they will be able to save some money. ”
Han Jiang asked: "But now that Zunsiluo is colluding with Xixia, can the area be settled?"
Wang Shao replied: "I have also thought of a solution, which is to transform some soldiers into royal police."
Han Jiang said in surprise: "What do you mean?"
Wang Shao explained: "Now this place is not stable yet, and this Xixialuo has colluded with Xixia, so it really needs to be heavily guarded.
However, after the previous battle, our army was victorious. Xixia was temporarily unable to send out large-scale troops, and Xixia was controlled by the northern front. During this turmoil, they did not dare to send troops directly. I guess they would use harassment way to harass us.
I have experimented with Superintendent Cao before. In the face of this small-scale harassment, using the army would be too costly. On the contrary, the Royal Police should handle it better.
We only need to deploy troops at key points. If there is a war, the Royal Police can also serve as soldiers.
In addition, for the army, if there is no war, these soldiers will have nothing to do all day long, but the military rations are indispensable, and the Royal Police can bring us benefits, as long as the Royal Police maintain public security in various places, and Ensuring smooth business channels will bring us more wealth. ”
At this point, he hesitated for a moment and whispered: "Can this also weaken the influence of the army? The Royal Police can be used to check and balance the army."
Han Jiang immediately asked: "Can't you control the army now?"
"That's not true."
Wang Shao shook his head.
Han Jiang immediately understood that he was afraid of getting into trouble.
Wang Shao added: "There is another very important point, which is that Jisiluo is now instigating conflicts between various tribes and the Han people. This does have some effect. They are full of hostility towards our army, but whether it is the Qiang people or the Tubo people, People, even the Dangxiang tribe, have great faith in the Royal Police."
Han Jiang asked: "Really? Are the Royal Police so popular here?"
He didn't believe it.
Wang Shao nodded and said: "First of all, the Royal Police are different from soldiers. The duty of soldiers is to expand territory, while the Royal Police is to protect the legitimate rights and interests of individuals. As a result, some Qiang people hate our army, but they are very supportive of it. Royal Police.
Secondly, those tribes who surrendered were always worried that they would be oppressed by the Han people. After all, they were all small tribes, but the Public Security Law emphasized fairness and equality. After they understood the Public Security Law, they now became more We are more supportive of the Public Security Bureau, and there are many Qiang, Tubo, and even Party members in the police station. ”
Han Jiang suddenly realized it, nodded and said: "That's it."
They had no choice but to surrender to the Song Dynasty. They could not defeat them. The Song army did not convince people with virtue. They were the weaker party. The public prosecutor and the law emphasized equality, which was very beneficial to them. They became very supportive of the public prosecutor and the law. The Han people had Sometimes I feel uncomfortable.
Wang Shao added: "In addition, we found that the public security system is very suitable for different cultural groups. Now in the Xihe area, many people sneer at Confucianism, but no one hates the public security system, and they quickly got used to it. .
I am confident that the forces in the Hehuang area can be integrated through the public security, prosecution and law. And this is what Zunsiluo fears the most. After the past two years of development, they know very well that in the long run, their tribes will all join us, so they try their best to provoke wars and build hatred, aiming to prevent other tribes from joining us. join us. ”